1-1     By:  Moncrief                                           S.B. No. 97

 1-2           (In the Senate - Filed November 15, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Criminal Justice;

 1-4     January 15, 1997, reported favorably by the following vote:  Yeas

 1-5     7, Nays 0; January 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the prosecution, punishment,  and sentencing of a

 1-9     defendant charged with the offense of stalking.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 42, Penal Code, is amended by adding

1-12     Section 42.072 to read as follows:

1-13           Sec. 42.072.  STALKING.  (a)  A person commits an offense if

1-14     the person, on more than one occasion and pursuant to the same

1-15     scheme or course of conduct that is directed specifically at

1-16     another person, knowingly engages in conduct, including following

1-17     the other person, that:

1-18                 (1)  the actor knows or reasonably believes the other

1-19     person will regard as threatening;

1-20                 (2)  causes the other person or a member of the other

1-21     person's family to be placed in fear of bodily injury or death or

1-22     fear that an offense will be committed against the other person's

1-23     property; and

1-24                 (3)  would cause a reasonable person to fear:

1-25                       (A)  bodily injury or death for himself or

1-26     herself;

1-27                       (B)  bodily injury or death for a member of the

1-28     person's family; or

1-29                       (C)  that an offense will be committed against

1-30     the person's property.

1-31           (b)  An offense under this section is a Class A misdemeanor,

1-32     except that the offense is a felony of the third degree if the

1-33     actor has previously been convicted under this section.

1-34           (c)  In this section, "family" has the meaning assigned by

1-35     Section 71.01, Family Code.

1-36           SECTION 2.  Subsection (a), Section 25.07, Penal Code, as

1-37     amended by Chapters 658 and 1024, Acts of the 74th Legislature,

1-38     1995, is amended to read as follows:

1-39           (a)  A person commits an offense if, in violation of an order

1-40     issued under Section 3.581, 71.11, or 71.12, Family Code, or under

1-41     Article 17.292, Code of Criminal Procedure, the person knowingly or

1-42     intentionally:

1-43                 (1)  commits family violence or an act in furtherance

1-44     of an offense under Section 42.072 [42.07(a)(7)];

1-45                 (2)  communicates:

1-46                       (A)  directly with a protected individual or a

1-47     member of the family or household in a threatening or harassing

1-48     manner;

1-49                       (B)  a threat through any person to a protected

1-50     individual or a member of the family or household; and

1-51                       (C)  in any manner with the protected individual

1-52     or member of the family or household except through the person's

1-53     attorney or a person appointed by the court, if the order prohibits

1-54     any communication with a protected individual or a member of the

1-55     family or household; or

1-56                 (3)  goes to or near any of the following places as

1-57     specifically described in the order:

1-58                       (A)  the residence or place of employment or

1-59     business of a protected individual or a member of the family or

1-60     household; or

1-61                       (B)  any child care facility, residence, or

1-62     school where a child protected by the order normally resides or

1-63     attends[; or]

1-64                 [(4)  engages in conduct directed specifically toward a

 2-1     person who is a member of the family or household, including

 2-2     following the person, that is reasonably likely to harass, annoy,

 2-3     alarm, abuse, torment, or embarrass that person].

 2-4           SECTION 3.  Subsection (b), Article 17.29, Code of Criminal

 2-5     Procedure, as amended by Chapters 656 and 661, Acts of the 74th

 2-6     Legislature, 1995, is amended to read as follows:

 2-7           (b)  Before releasing on bail a person arrested for an

 2-8     offense under Section 42.072 [42.07(a)(7)], Penal Code, or a person

 2-9     arrested or held without warrant in the prevention of family

2-10     violence, the law enforcement agency holding the person shall make

2-11     a reasonable attempt to  give personal notice of the imminent

2-12     release to the victim of the alleged offense or to another person

2-13     designated by the victim to receive the notice.  An attempt by an

2-14     agency to give notice to the victim or the person designated by the

2-15     victim at the victim's or person's last known telephone number or

2-16     address, as shown on the records of the agency, constitutes a

2-17     reasonable attempt to give notice under this subsection.  If

2-18     possible, the arresting officer shall collect the address and

2-19     telephone number of the victim at the time the arrest is made and

2-20     shall communicate that information to the agency holding the

2-21     person.

2-22           SECTION 4.  Subsections (a) and (b), Article 17.292, Code of

2-23     Criminal Procedure, are amended to read as follows:

2-24           (a)  At a defendant's appearance before a magistrate after

2-25     arrest for an offense involving family violence or an offense under

2-26     Section 42.072 [42.07(a)(7)], Penal Code, the magistrate may issue

2-27     an order for emergency protection on the magistrate's own motion or

2-28     on the request of:

2-29                 (1)  the victim of the offense;

2-30                 (2)  the guardian of the victim;

2-31                 (3)  a peace officer; or

2-32                 (4)  the attorney representing the state.

2-33           (b)  The magistrate in the order for emergency protection may

2-34     prohibit the arrested party from:

2-35                 (1)  committing:

2-36                       (A)  family violence; or

2-37                       (B)  an act in furtherance of an offense under

2-38     Section 42.072 [42.07(a)(7)], Penal Code;

2-39                 (2)  communicating:

2-40                       (A)  directly with a member of the family or

2-41     household in a threatening or harassing manner; or

2-42                       (B)  a threat through any person to a member of

2-43     the family or household; or

2-44                 (3)  going to or near:

2-45                       (A)  the residence, place of employment, or

2-46     business of a member of the family or household; or

2-47                       (B)  the residence, child care facility, or

2-48     school where a child protected under the order resides or attends.

2-49           SECTION 5.  Subsection (a), Article 17.46, Code of Criminal

2-50     Procedure, is amended to read as follows:

2-51           (a)  A magistrate may require as a condition of release on

2-52     bond that a defendant charged with an offense under Section 42.072

2-53     [42.071], Penal Code, may not:

2-54                 (1)  communicate directly or indirectly with the

2-55     victim; or

2-56                 (2)  go to or near the residence, place of employment,

2-57     or business of the victim or to or near a school, day-care

2-58     facility, or similar facility where a dependent child of the victim

2-59     is in attendance.

2-60           SECTION 6.  Subsection (l), Section 11, Article 42.12, Code

2-61     of Criminal Procedure, is amended to read as follows:

2-62           (l)(1)  If the court grants community supervision [probation]

2-63     to a person convicted of an offense under Section 42.072 [42.071],

2-64     Penal Code, the court may require as a condition of community

2-65     supervision [probation] that the person [probationer] may not:

2-66                       (A)  communicate directly or indirectly with the

2-67     victim; or

2-68                       (B)  go to or near the residence, place of

2-69     employment, or business of the victim or to or near a school,

 3-1     day-care facility, or similar facility where a dependent child of

 3-2     the victim is in attendance.

 3-3                 (2)  If the court requires the prohibition contained in

 3-4     Subdivision (1)(B) of this subsection as a condition of community

 3-5     supervision [probation], the court shall specifically describe  the

 3-6     prohibited locations and the minimum distances, if any, that the

 3-7     person [probationer] must maintain from the locations.

 3-8           SECTION 7.  Subdivision (1), Subsection (o), Section 8,

 3-9     Article 42.18, Code of Criminal Procedure, as added by Chapter 10,

3-10     Acts of the 73rd Legislature, 1993, is amended to read as follows:

3-11           (o)(1)  In addition to other conditions imposed by a parole

3-12     panel under this article, the parole panel may require as a

3-13     condition of parole or release to mandatory supervision that an

3-14     inmate serving a sentence for an offense under Section 42.072

3-15     [42.071], Penal Code, may not:

3-16                       (A)  communicate directly or indirectly with the

3-17     victim; or

3-18                       (B)  go to or near the residence, place of

3-19     employment, or business of the victim or to or near a school,

3-20     day-care facility, or similar facility where a dependent child of

3-21     the victim is in attendance.

3-22           SECTION 8.  Subsection (a), Article 56.11, Code of Criminal

3-23     Procedure, is amended to read as follows:

3-24           (a)  The institutional division of the Texas Department of

3-25     Criminal Justice shall notify the victim of the offense and local

3-26     law enforcement officials in the county where the victim resides

3-27     whenever a person convicted of a felony offense under Subsection

3-28     (a) as enhanced by Subsection (b) of Section 42.072 [42.071], Penal

3-29     Code:

3-30                 (1)  completes the person's sentence and is released;

3-31     or

3-32                 (2)  escapes from a facility operated by the

3-33     institutional division.

3-34           SECTION 9.  Section 501.006, Government Code, is amended to

3-35     read as follows:

3-36           Sec. 501.006.  EMERGENCY ABSENCE.  (a)  The institutional

3-37     division may grant an emergency absence under escort to an inmate

3-38     so that the inmate may:

3-39                 (1)  obtain a medical diagnosis or medical treatment;

3-40                 (2)  obtain treatment and supervision at a Texas

3-41     Department of Mental Health and Mental Retardation facility; or

3-42                 (3)  attend a funeral or visit a critically ill

3-43     relative.

3-44           (b)  The institutional division shall adopt policies for the

3-45     administration of the emergency absence under escort program.

3-46           (c)  An inmate absent under this section is considered to be

3-47     in the custody of the institutional division, and the inmate must

3-48     be under physical guard while absent.

3-49           (d) [(i)]  The institutional division may not grant a

3-50     furlough to an inmate convicted of an offense under Section 42.072

3-51     [42.071], Penal Code.

3-52           SECTION 10.  Section 42.071, Penal Code, is repealed.

3-53           SECTION 11.  The importance of this legislation and the

3-54     crowded condition of the calendars in both houses create an

3-55     emergency and an imperative public necessity that the

3-56     constitutional rule requiring bills to be read on three several

3-57     days in each house be suspended, and this rule is hereby suspended,

3-58     and that this Act take effect and be in force from and after its

3-59     passage, and it is so enacted.

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